| Stysis v Stysis |
| 2010 NY Slip Op 00835 [70 AD3d 672] |
| February 2, 2010 |
| Appellate Division, Second Department |
| Katerina Stysis, Respondent, v Julian Stysis,Appellant. |
—[*1] Angela Scarlato, Brooklyn, N.Y., for respondent. Randi L. Karmel, PLLC, New York, N.Y., attorney for the child.
In a matrimonial action in which the parties were divorced by judgment entered October 19,2006, the defendant appeals, as limited by his brief, from so much of an order of the SupremeCourt, Kings County (Prus, J.), dated April 22, 2009, as denied, without a hearing, his motion tomodify the parties' stipulation dated June 8, 2006, to award him sole custody of the parties' child,and his separate motion to modify the stipulation to award him expanded visitation with thechild.
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
Contrary to the defendant's contention, the Supreme Court properly denied, without ahearing, his separate motions to modify the terms of the parties' stipulation as to custody andvisitation. "A parent who seeks a change of custody [or visitation] is not automatically entitled toa hearing, but must make an evidentiary showing sufficient to warrant a hearing . . .[Here,] [t]he Supreme Court providently exercised its discretion in finding that the father failedto meet his threshold burden of proffering sufficient evidence to warrant a hearing to determinewhether, under the totality of the circumstances, a change of custody [or visitation] would be inthe best interests of the child[ ]" (Salickv Salick, 66 AD3d 757, 757-758 [2009] [citations omitted]).
There is no merit to the parties' remaining contentions. Prudenti, P.J., Mastro, Florio andAustin, JJ., concur.